N.M. Stat. » Chapter 9 — Executive Department
New Mexico Statutes

N.M. Stat. § 9-7-1 (2026)

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✓ laws through the 2025 session (retrieved May 2026)
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Chapter 9, Article 7 NMSA 1978 may be cited as the "Department of Health Act".

History: 1978 Comp., § 9-7-1, enacted by Laws 1977, ch. 253, § 1; 1991, ch. 25, § 13.

ANNOTATIONS

Cross references. — For provisions regarding the office of guardianship of the developmental disabilities planning council, see 28-16B-1 NMSA 1978 et seq.

The 1991 amendment, effective March 29, 1991, rewrote this section, which read "Sections 1 through 15 of this act may be cited as the 'Health and Environment Department Act'".

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2020–2025 · leading case: Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545.
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Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545. · cites it 2× “8 {4} The Secretary of the Department of Health (DOH), Kathyleen Kunkel 9⸻citing the Governor’s executive orders; the PHERA; the Public Health Act (PHA), NMSA 1978, §§ 24-1-1 to -41 (1973, as amended through 2019); the Department of Health Act (DOH Act), NMSA 1978, §§ 9-7-1 to…”
Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852. · cites it 2× “2 {3} Then-Secretary of the New Mexico Department of Health (DOH), Kathyleen Kunkel, citing the Governor’s executive orders; the PHERA; the Public Health Act (PHA), NMSA 1978, §§ 24-1-1 to -41 (1973, as amended through 2019); the Department of Health (DOH) Act, NMSA 1978, §§…”
Montoya v. N.M. Tax'n & Revenue Dep't (N.M. Ct. App. 2023). · cites it 2× “As for the emergency powers statutes, we also agree with Petitioner to the extent that nothing in the text of the relevant emergency powers statutes (Public Health Emergency Response Act (PHERA), NMSA 1978, §§ 12-10A-1 to -19 (2003, as amended through 2015)); All Hazard…”
New Mexico Elks Ass'n v. Grisham, 595 F. Supp. 3d 1018 (D.N.M. 2022). · cites it 2× “…24-1-1 to -40, the Public Health Emergency Response Act, NMSA 1978, §§ 12-10A-1 to -10, the Department of Health Act, NMSA 1978, §§ 9-7-1 to -18, and the All Hazard Emergency Management Act, NMSA 1978, §§ 24-1-1 et seq. as vesting them with authority to act. 11 Indeed, “courts…”
Amdor v. Grisham, 578 P.3d 971 (N.M. 2025). “25 {12} As in the original PHEO, the first Amended PHEO cited the following legal 26 authorities for the above emergency measures: 27 the Public Health Act, NMSA 1978, Sections 24-1-1 to -40 [1973, as 28 amended through 2022], [the PHERA, enumerated above], the 8 1 Department of…”
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